Biria v Biria & ors [2024] WTLR 785
Wills & Trusts Law Reports | Autumn 2024 #196The deceased passed away aged 97 on 21 January 2022. On 1 May 2020 he had purported to execute a will. At that time there were extant proceedings before the Court of Protection seeking an assessment of his capacity to manage his own affairs and expressing concern that he was being exploited by two of his children (the first and second defendants). On 24 April 2020 the Court of Protection made a declaration that there was reason to believe he lacked capacity to manage his own affairs and ordered an assessment.
The claimant was another of the deceased’s children and had been express...
Sangha v Sangha & ors [2023] WTLR 1561
Wills & Trusts Law Reports | Winter 2023 #193Mr Hartar Singh Sangha made a will in 2007 dealing with both his English assets and his Indian assets. The 2007 will was executed as follows: Mr Sangha signed the will in the presence of one witness; that witness then signed the will; the second witness then entered, Mr Sangha acknowledged his signature in the presence of both witnesses and the second witness signed the will. In 2016, Mr Sangha made a further will in India dealing with his Indian assets. The 2016 will was declared to be Mr Sangha’s last will and contained a revocation clause revoking ‘all such previous documents’.
In the estate of Constance Rose Simon; Simon v Byford & ors [2013] EWHC 1490 (Ch)
Wills & Trusts Law Reports | November 2013 #134Mrs Constance Rose Simon died on 15 January 2009 at the age of 91. She was the widow of Mr R W Simon, with whom she had four children: namely Jonathan, Robert, Hilary and David. David predeceased his mother on 1 November 2004.
Mrs Simon’s estate consisted of her house in St John’s Wood, London (valued at £1.75m), a flat in Westcliffe on Sea (valued at £262,500), savings and shares (worth £55,000), some land in Malta and 16 shares in R W Simon Ltd (the company).
By Mrs Simon’s will dated 23 March 1978, she had left her entire estate to her four children i...
Schrader v Schrader [2013] EWHC 466 (Ch)
Wills & Trusts Law Reports | May 2013 #129Jessica Schrader (the testatrix) died a widow aged 98. The testatrix’s two sons, the claimant (Nick) and the defendant (Bill), survived her.
By a will dated 1 October 1990 (the 1990 will), drafted by a firm of solicitors, the testatrix had made specific gifts of shares and savings bonds to her grandchildren and thereafter left her residue (on her husband having predeceased) to Nick and Bill in equal shares absolutely.
However, in or about May 2005, the testatrix suffered a fall and Nick moved into the testatrix’s property to act as her carer. On 12 April 2006, a further wil...
Burgess & anr v Hawes & ors 0CL10537
Wills & Trusts Law Reports | April 2012 #118Daphne Mary Burgess (testatrix), who was a widow, had made a will on 23 September 1996 (1996 will) leaving her entire estate equally between her three children, the first and second claimants and the first defendant. At that time, she was living at 8 Abbey Way, Bradville, Milton Keynes (8 Abbey Way) and, while retaining a sense of financial independence, she relied on her son for the payment of household bills. Her physical health deteriorated as she became older, medication was already required for hypertension when she was diagnosed with diabetes, and an arthritic condition worsened to...